Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cadbury Schweppes Pty Ltd ACN 004 551 473 v Darrell Lea Chocolate Shops Pty Ltd ACN 000 498 386 [2004] FCA 1718
CADBURY SCHWEPPES PTY LTD ACN 004 551 473 AND CADBURY LIMITED v
DARRELL LEA CHOCOLATE SHOPS PTY LTD ACN 000 498 386 V50 of 2003 RYAN J 23 DECEMBER 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 50 of 2003
BETWEEN: CADBURY SCHWEPPES PTY LTD ACN 004 551 473
First Applicant
CADBURY LIMITED
Second Applicant
AND: DARRELL LEA CHOCOLATE SHOPS PTY LTD
ACN 000 498 386
Respondent
JUDGE: RYAN J
DATE OF ORDER: 23 DECEMBER 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The trial fixed to commence on 14 March 2005 be vacated. 2. The respondent's motion on notice filed 12 November 2004 stand over to a date to be fixed to enable the applicants, if so advised, to seek leave to discontinue and, alternatively, for the Court to receive submissions as to the further orders to be made in light of the reasons published this day. 3. The costs of all parties of the hearing on 1 December 2004 be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 50 of 2003
BETWEEN: CADBURY SCHWEPPES PTY LTD ACN 004 551 473
First Applicant
CADBURY LIMITED
Second Applicant
AND: DARRELL LEA CHOCOLATE SHOPS PTY LTD
ACN 000 498 386
Respondent
JUDGE: RYAN J
DATE: 23 DECEMBER 2004
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 There are before the Court two motions on notice, one dated 12 November 2004 by the respondent ("Darrell Lea") and the other by the applicants, to which I shall refer collectively as "Cadbury". By its motion Cadbury seeks leave to file and serve a fourth further Amended Statement of Claim. However, Darrell Lea's motion seeks, as the most extreme alternative, that, pursuant to O 35A r 3 of the Rules of this Court, the proceeding be dismissed as to the whole of the relief claimed. The alternative claims for relief in Darrell Lea's notice of motion are expressed as follows: '2. The Applicants pay the Respondent's costs of the proceeding on a solicitor/own client basis.
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